Legal Opinion

Wagenknecht v. United States

Court of Appeals for the Sixth Circuit

Decided December 6, 2007No. 06-4161PublishedCited by 7 opinions

1Opinion of the Court

OPINION

VAN TATENHOVE, District Judge.

On March 30, 2006, Carl R. Wagenk-necht, Jr., (“Wagenknecht”) filed a complaint alleging a wrongful determination and levy on the part of the Internal Revenue Service (“IRS”) and seeking a redeter-mination of the decision. On May 30, 2006, the district court sua sponte dismissed the portion of the complaint challenging the income tax levies for lack of subject matter jurisdiction. Pursuant to I.R.C. § 6330(d)(1)(B), the court’s subsequent dismissal included a thirty (30) day period in which Wagenknecht could refile with the tax court the dismissed portion…

2Cases cited16 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Stump v. SparkmanSupreme Court of the United States · 1978
  3. Bradley v. FisherSupreme Court of the United States · 1872
  4. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  5. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989

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3Cited by7 opinions

  1. Callahan v. Comm'rUnited States Tax Court · 2008
  2. Wagenknecht v. United StatesCourt of Appeals for the Sixth Circuit · 2008
  3. Munaco v. United StatesCourt of Appeals for the Sixth Circuit · 2008
  4. Callahan v. Comm'rUnited States Tax Court · 2008
  5. Dudley Joseph Callahan and Myrna Dupuy Callahan v. CommissionerUnited States Tax Court · 2008

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